Recent Posts in DUI Category
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Posted on Jan 27, 2012 By Gold & Witham
Following an arrest for DUI in California , a suspect has the choice of whether to consent to a breath or a blood test. A breath test does not allow for independent testing on a future date as the ...
Continue reading "Re-analysis of blood test evidence." »
Posted on Nov 21, 2011 By Gold & Witham
I was in court last week for a client who rode his luck for a second time. I had previously represented him following an arrest for DUI four years ago. On that occasion, the DUI charges were dismissed ...
Continue reading "Second DUI offense reduced to Exhibition of Speed" »
Posted on Nov 3, 2011 By Gold & Witham
It is generally accepted that women are more susceptible to the effects of alcohol than men. Ofcourse, everyones physiology is different and there are exceptions to every rule. Some women who drink ...
Continue reading "Women and Alcohol" »
Posted on Oct 17, 2011 By Gold & Witham
Republican Presidential nominee Herman Cain fought tougher DUI laws when he was leading the National Restaurant Association in the 1990's. When Cain took over as CEO of the National Restaurant ...
Continue reading "Herman Cain Fought Stricter DUI Laws" »
Posted on Oct 5, 2011 By Gold & Witham
I had an interesting and frustrating day in court on friday representing two clients who had failed to fully comply with the terms of their probation. My first client was placed on probation for a ...
Continue reading "DUI Probation Violations, Penalties and Policies." »
Posted on Jul 7, 2011 By Gold & Witham
Regardless of the moral "rightness" of this week's controversial trial verdict for accused infanticide, Casey Anthony , the question persists, did the jury do its job as instructed, or ...
Continue reading "Casey Anthony and the DUI" »
Posted on Jun 27, 2011 By Gold & Witham
The Supreme Court on thursday issued a ruling that a person charged with a DUI has a right to insist that a lab technician testifies in person at a DUI jury trial rather than submitting a written ...
Continue reading "Supreme Court Ruling on DUI Cases" »
Posted on Jun 13, 2011 By Gold & Witham
I receive about five new client inquiries each day and it is common for people to ask me whether they will need to appear in court. Penal Code Section 977(a) allows attorneys to appear in court for ...
Continue reading "Mandatory Court Appearance for DUI Cases" »
Posted on May 23, 2011 By Gold & Witham
There are often hidden consequences of a DUI conviction that are not appreciated by a defendant until after the conviction, sometimes many months after the event. One example is that a DUI conviction ...
Continue reading "Hidden Consequences of a DUI Conviction." »
Posted on Apr 26, 2011 By Gold & Witham
The District Attorneys Office in Ventura is in the process of reviewing approximately 300 DUI cases because of problems with the hand-held Alco-Sensor V breath testing device. This device is used as a ...
Continue reading "Faulty Breath Tests in Ventura" »
Posted on Apr 18, 2011 By Gold & Witham
Upon conviction for a misdemeanor DUI in California, the defendant is placed on three to five years of probation. Apart from in isolated jurisdictions, probation is informal court supervised probation ...
Continue reading "Probation Violation Proceedings" »
Posted on Apr 11, 2011 By Gold & Witham
It is not often that you hear a politician speak out against DUI laws, but that is exactly what happened in Montana last month. Rep. Alan Hale, a Republican, spoke out against proposed tougher ...
Continue reading "DUI Laws and Increasing Penalties" »
Posted on Mar 25, 2011 By Gold & Witham
Before a Judge will accept any form of negotiated plea on a DUI case, he or she will advise a defendant that any criminal conviction may lead to immigration consequences if the defendant is not a ...
Continue reading "Immigration Consequences of a DUI" »
Posted on Mar 10, 2011 By Gold & Witham
California State Law states that if a person is lawfully arrested for a DUI, that person has impliedly consented to submit to a chemical test to determine his or her blood or breath alcohol level. A ...
Continue reading "Denial of Choice of Test" »
Posted on Mar 3, 2011 By Gold & Witham
It is not uncommon for the police to attend a dwelling to arrest someone for DUI. This often occurs after a traffic collision and a hit and run where the license plate of the vehicle was obtained by a ...
Continue reading "Entry of a Dwelling for a DUI Arrest." »
Posted on Feb 28, 2011 By Gold & Witham
According to media reports, a former chapter president of Mothers Against Drunk Driving was arrested this month for DUI. Debra Oberlin was arrested in Florida on February 18th after allegedly weaving ...
Continue reading "MADD and DUI" »
Posted on Feb 18, 2011 By Gold & Witham
California Highway Patrol Officers are trained to watch out for slow drivers as a potential indicator of impairment. Occasionally, prosecutions for DUI arise from a traffic stop where the sole reason ...
Continue reading "Slow Driving and DUI Traffic Stop" »
Posted on Feb 9, 2011 By Gold & Witham
For clients who are convicted of a DUI in California but who live out of State, Courts still expect completion of an approved alcohol program. Some judges require evidence of the availability of an ...
Continue reading "On-Line Alcohol Program" »
Posted on Dec 22, 2010 By Gold & Witham
In follow up to earlier blogs, it is now possible for a second offender to re-instate his or her license early with the installation of an ignition interlock device in his or her vehicle. Following an ...
Continue reading "Second DUI and Restricted License with IID" »
Posted on Dec 15, 2010 By Gold & Witham
In a report on Fox News today, the Supervisor of the Washington DC Police Department Breathalyzer Unit has called into question the reliability of hundreds if not thousands of breath tests. According ...
Continue reading "Calibration of Breath Machines" »
Posted on Dec 1, 2010 By Gold & Witham
California Vehicle Code Section 23152(d) makes it an offense to drive a commercial vehicle with a blood or breath alcohol concentration of .04% or more. The law requires a one year commercial license ...
Continue reading "Commercial Drivers and DUI" »
Posted on Nov 30, 2010 By Gold & Witham
Despite stiffer penalties for DUI in California , DUI arrests were up over the thanksgiving period this year. From wednesday evening through sunday, 1,546 people were arrested for DUI statewide, up ...
Continue reading "Thanksgiving DUI Arrests" »
Posted on Nov 2, 2010 By Gold & Witham
As a Los Angeles DUI attorney , I am sometimes consulted by clients who have been arrested for DUI in other parts of California. Although it is often an advantage to be a "local" attorney, it is ...
Continue reading "Felony DUI in Barstow" »
Posted on Sep 21, 2010 By Gold & Witham
Many people arrested for DUI in Los Angeles and Orange County feel aggrieved that they should have been allowed to go home because they "passed" the field sobriety tests. The legal issue at hand is ...
Continue reading "Field Sobriety Testing in DUI Cases" »
Posted on Sep 1, 2010 By Gold & Witham
A common question raised by new clients arrested for a DUI in California is "What is a wet reckless and can I get one instead of a DUI?" A plea to a charge of reckless driving is sometimes accepted by ...
Continue reading "Wet Reckless" »
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